Gauhati High Court
WP(C)/2649/2025 of JAYNAL ABEDIN Vs THE STATE OF ASSAM AND 2 ORS. on 6 August 2026
GAHC010099062025 2026:GAU-AS:11102 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2649/2025 JAYNAL ABEDIN S/O RASMAN ALI, R/O BHAGIRKHALA, P.O AND P.S- NILAMBAZAR, DISTRICT- SRIBHUMI (KARIMGANJ), ASSAM, PIN-788722 VERSUS THE STATE OF ASSAM
GAHC010099062025
2026:GAU-AS:11102
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2649/2025
JAYNAL ABEDIN
S/O RASMAN ALI, R/O BHAGIRKHALA, P.O AND P.S- NILAMBAZAR, DISTRICT- SRIBHUMI (KARIMGANJ), ASSAM, PIN-788722
VERSUS
THE STATE OF ASSAM AND 2 ORS.
REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
ASSAM, REVENUE AND D M (LR) DEPARTMENT, DISPUR, GHY-06
2:THE DISTRICT COMMISSIONER
SRIBHUMI (KARIMGANJ)
ASSAM
PIN-788710
3:THE CIRCLE OFFICER
NILAMBAZAR REVENUE CIRCLE
P.O- NILAMBAZAR
DIST- SRIBHUMI (KARIMGANJ)
ASSAM. PIN-78872
For the Petitioner(s) : Mr. M. A. Islam, Advocate For the Respondent(s) : Mr. S S. Roy, Govt Advocate Ms. G. Hazarika, SC, Revenue
BEFORE
HON’BLE MR. JUSTICE DEVASHIS BARUAH
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O R D E R
07.08.2026
Heard Mr. M. A. Islam, the learned counsel appearing on behalf of the Petitioner. Ms. G. Hazarika, the learned counsel appears on behalf of the Respondent No.1 and Mr. S. S. Roy, the learned counsel appears on behalf of the 2 & 3.
2. The present writ petition has been filed by the Petitioner being aggrieved by the inaction on the part of the Respondent Authorities in not granting the Periodic Patta to the Petitioner though the Petitioner was issued an allotment certificate of ceiling land under the Assam Fixation of Ceiling on Land Holdings Act, 1956. The allotment certificate which was issued to the Petitioner has been enclosed as Annexure-2 to the writ petition.
3. The record reveals that an affidavit has been filed by the Respondent No.2 wherein it is mentioned that though as per the Note dated 27.08.2013 in the Hand Chitha, the Petitioner is shown as an allottee, however, there was no record available of the counterfoil of the allotment certificate in the Office of the Circle Officer, Nilambazar Revenue Circle. It is also mentioned at paragraph No.5 that as per the record, the Schedule of Porghana
Dewadi, Mouza Nilambazar, Farampasha Part-I covered by Dag No. 63 has been allotted in the name of the Petitioner and others as per Note dated 27.08.2013 in the Hand Chitha. However, as the Petitioner has not applied for conversion from allotment certificate to Periodic Patta with requisite documents as per norms, the Periodic Patta has not been issued.
4. The learned counsel appearing on behalf of the Petitioner submitted that the Petitioner would do the needful as is required.
5. Taking into account the above, the instant writ petition therefore stands disposed of with the following observations and directions:-
(i) Taking into account that the Respondents duly admit that the Petitioner is an allottee, the Petitioner would have a right to submit an application for claiming the Periodic Patta.
(ii) The Petitioner is granted the liberty to submit an application claiming the issuance of the Periodic Patta along with all necessary documents.
(iii) Upon submission of the said application, the Respondent Authorities, more particularly the Respondent No.2 shall do the needful and complete the exercise within a reasonable period not exceeding 8 (eight) months from the date of submission of the application.
JUDGE Comparing Assistant